United States v. Griffith et al. (334 U.S. 100)
U.S. Supreme Court · decided May 3, 1948 · Supreme Court Database (Spaeth)
- Citation
- 334 U.S. 100 · 68 S. Ct. 941
- Docket
- No. 64
- Argued
- December 15, 1947
- Decided
- May 3, 1948
- Term
- October Term 1947
- Vote
- 6–1
- Majority author
- Justice Douglas
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice Douglas (wrote), Justice Reed, Justice Black, Justice Rutledge
- Dissenting
- Justice Frankfurter (wrote)
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. This is a suit brought by the United States in the District Court to prevent and restrain appellees from violating §§ 1 and 2 of the Sherman Act. 26 Stat. 209, as amended, 50 Stat. 693, 15 U. S. C. §§ 1, 2. The District Court, finding there was no violation of the Act in any of the respects charged in the complaint, dismissed the complaint on the merits. 68 F. Supp. 180. The case is here by appeal under § 2 of the Expediting Act of February 11, 1903, 32 Stat. 823, as amended, 15 U. S. C. § 29, and § 238 of the Judicial Code, as amended by the Act of February 13,1925, 43 Stat. 936, 938, 28 U. S. C. § 345. The appellees are four affiliated corporations and two individuals who are associated with them as stockholders and officers. The corporations operate (or own stock in corporations which operate) moving picture theatres in Oklahoma, Texas, and New Mexico. With minor exceptions, the theatres which each corporation owns do not compete with those of its affiliates but are in separate towns. In April, 1939, when the complaint was filed, the corporate appellees had interests in theatres in 85 towns. In 32 of those towns there were competing the-atres. Fifty-three of the towns (62 per cent) were closed towns, i. e. towns in which there were no competing the-atres. Five years earlier the corporate appellees had theatres in…
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